Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.958 of 2014 of Pulinkunnu Police Station, registered for the offences punishable under Sections 332 and 333 IPC.
3. On a telephonic information by the wife of the accused that she and her children were being tortured by her husband, who is the petitioner herein, the Sub Inspector of Police along with his subordinate officers rushed to the spot on 29.10.2014 at 9.50 p.m. It is alleged that while the petitioner was being taken to the Police Station, he attacked the police personnel and twisted the hand of a CPO named Binuraj, by causing fracture to the right wrist of Binuraj. The petitioner has been in custody for the period from 29.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. The continued detention of the petitioner is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of the investigation and the absence of criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Fridays and Tuesdays, commencing from 12.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE DSV/09/12 // True Copy // PA to Judge